Minister for Fisheries v C.A. Schonenberg and others.

• Jurisdiction: European Union
• Celex Number: 61977CJ0088
• ECLI: ECLI:EU:C:1978:30
• Docket Number: 88/77
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 16 February 1978

Judgment of the Court of 16 February 1978. - Minister for Fisheries v C.A. Schonenberg and others. - Reference for a preliminary ruling: District Court, Cork City Area - Ireland. - Sea fisheries. - Case 88/77.

European Court reports 1978 Page 00473
Greek special edition Page 00205
Portuguese special edition Page 00205

Summary Parties Subject of the case Grounds Decision on costs Operative part

Keywords

1 . SEA FISHING - COMMON POLICY - RESOURCES OF THE SEA - CONSERVATION - ABSENCE OF COMMUNITY MEASURES - ENTITLEMENT OF THE MEMBER STATES TO ADOPT INTERIM MEASURES - CONDITIONS

( ACT OF ACCESSION , ARTICLE 102 ; COUNCIL REGULATION NO 101/76 , ARTICLE 4 )

2 . SEA FISHING - PURSUIT - NATIONAL MEASURES - ACCESS TO FISHING AREAS - LIMITATION - CRITERIA - DISCRIMINATION - PROHIBITION

( EEC TREATY , ARTICLE 7 ; COUNCIL REGULATION NO 101/76 , ARTICLE 2 )

3 . COMMUNITY LAW - EFFECTS IN NATIONAL LAW - NATIONAL LEGISLATIVE MEASURE CONTRARY TO COMMUNITY LAW - CONVICTION - INCOMPATIBILITY WITH COMMUNITY LAW

Summary

1 . IN THE ABSENCE OF THE ADOPTION BY THE COMMUNITY OF ADEQUATE CONSERVATION MEASURES UNDER ARTICLE 102 OF THE ACT OF ACCESSION AND ARTICLE 4 OF REGULATION NO 101/76 , THE MEMBER STATES WERE ENTITLED , DURING THE TRANSITIONAL STAGE FOR WHICH PROVISION IS MADE IN ARTICLE 102 OF THE ACT OF ACCESSION , TO ADOPT INTERIM MEASURES AS REGARDS THE MARITIME WATERS COMING WITHIN THEIR JURISDICTION , PROVIDED THAT SUCH MEASURES ARE IN ACCORDANCE WITH THE REQUIREMENTS OF COMMUNITY LAW .

2 . ARTICLE 7 OF THE EEC TREATY , ARTICLE 2 OF REGULATION NO 101/76 AND , IN SO FAR AS THEY HAVE A BEARING ON THE PROBLEM , ARTICLES 100 AND 101 OF THE TREATY OF ACCESSION , PRECLUDE A MEMBER STATE FROM ADOPTING MEASURES WHICH , BY SELECTING A CRITERION BASED ON THE SIZE AND ENGINE POWER OF THE BOATS , HAVE THE EFFECT OF KEEPING OUT OF THE FISHING AREAS COMING UNDER ITS SOVEREIGNTY OR WITHIN ITS JURISDICTION A PART OF THE FLEETS OF OTHER MEMBER STATES WHEN BY THOSE SAME MEASURES NO COMPARABLE OBLIGATION IS IMPOSED ON ITS OWN NATIONALS .

3 . WHERE CRIMINAL PROCEEDINGS ARE BROUGHT BY VIRTUE OF A NATIONAL MEASURE WHICH IS HELD TO BE CONTRARY TO COMMUNITY LAW A CONVICTION IN THOSE PROCEEDINGS IS ALSO INCOMPATIBLE WITH THAT LAW .

Parties

IN CASE 88/77

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE DISTRICT COURT FOR THE DISTRICT COURT AREA OF CORK CITY ( IRELAND ) FOR A PRELIMINARY RULING IN THE ACTION PENDING BEFORE THAT COURT BETWEEN

THE MINISTER FOR FISHERIES

AND

C . A . SCHONENBERG , PETER STAM , NICO DE NIET , ARIE HOFLAND , J . V . RIJN , J . M . PLUG , HUIBERIUS R . PLUG , J . M . BAL , C . ZWAN AND PETER C . HAASNOOT , MASTERS OF NETHERLANDS TRAWLERS ,

Subject of the case

ON THE INTERPRETATION OF ARTICLE 7 OF THE EEC TREATY , OF ARTICLES 2 AND 4 OF COUNCIL REGULATION ( EEC ) NO 101/76 OF 19 JANUARY 1976...